Michael Skakel speaks with his attorney Jessica Santos during a hearing in Rockville Superior court Wednesday, Nov. 6, 2013, in Vernon, Conn., to determine if he can be released while awaiting a new trial in the 1975 slaying of neighbor Martha Moxley. Judge Thomas Bishop ordered a new trial for Skakel last month, saying his trial attorney, Michael Sherman, failed to adequately represent him in 2002 when Skakel was found guilty. The judge said Skakel cannot be released immediately while he awaits a new trial, but he did lift a stay, which could clear the way for Skakel to seek bail later. less

Michael Skakel speaks with his attorney Jessica Santos during a hearing in Rockville Superior court Wednesday, Nov. 6, 2013, in Vernon, Conn., to determine if he can be released while awaiting a new trial in ... more

Photo: Fred Beckham, (AP Photo/Fred Beckham, Pool)

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Michael Skakel listens to Judge Trial Referee Thomas Bishop's ruling during a hearing in Rockville Superior court Wednesday, Nov. 6, 2013, in Vernon, Conn., to determine if he can be released while awaiting a new trial in the 1975 slaying of neighbor Martha Moxley. Judge Thomas Bishop ordered a new trial for Skakel last month, saying his trial attorney, Michael Sherman, failed to adequately represent him in 2002 when Skakel was found guilty. The judge said Skakel cannot be released immediately while he awaits a new trial, but he did lift a stay, which could clear the way for Skakel to seek bail later. less

Michael Skakel listens to Judge Trial Referee Thomas Bishop's ruling during a hearing in Rockville Superior court Wednesday, Nov. 6, 2013, in Vernon, Conn., to determine if he can be released while awaiting a ... more

Photo: Fred Beckham, (AP Photo/Fred Beckham, Pool)

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Michael Skakel, right, looks on as his attorney Hubert Santos speaks during a hearing in Rockville Superior court Wednesday, Nov. 6, 2013, in Vernon, Conn., to determine if Skakel can be released while awaiting a new trial in the 1975 slaying of neighbor Martha Moxley. Judge Thomas Bishop ordered a new trial for Skakel last month, saying his trial attorney, Michael Sherman, failed to adequately represent him in 200. The judge said Skakel cannot be released immediately while he awaits a new trial, but he did lift a stay, which could clear the way for Skakel to seek bail later. less

Michael Skakel, right, looks on as his attorney Hubert Santos speaks during a hearing in Rockville Superior court Wednesday, Nov. 6, 2013, in Vernon, Conn., to determine if Skakel can be released while ... more

Photo: Fred Beckham, (AP Photo/Fred Beckham, Pool)

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Michael Skakel, left, speaks with his attorney Herbert Santos during a hearing in Rockville Superior court Wednesday, Nov. 6, 2013, in Vernon, Conn., to determine if he can be released while awaiting a new trial in the 1975 slaying of neighbor Martha Moxley. Judge Thomas Bishop ordered a new trial for Skakel last month, saying his trial attorney, Michael Sherman, failed to adequately represent him in 2002 when Skakel was found guilty. The judge said Skakel cannot be released immediately while he awaits a new trial, but he did lift a stay, which could clear the way for Skakel to seek bail later. less

Michael Skakel, left, speaks with his attorney Herbert Santos during a hearing in Rockville Superior court Wednesday, Nov. 6, 2013, in Vernon, Conn., to determine if he can be released while awaiting a new ... more

Photo: Fred Beckham, (AP Photo/Fred Beckham, Pool)

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Michael Skakel, center, listens to Judge Thomas Bishop's ruling during a hearing in Rockville Superior court Wednesday, Nov. 6, 2013, in Vernon, Conn., to determine if he can be released while awaiting a new trial in the 1975 slaying of neighbor Martha Moxley. Judge Bishop ordered a new trial for Skakel last month, saying his trial attorney, Michael Sherman, failed to adequately represent him in 2002 when Skakel was found guilty of bludgeoning Moxley with a golf club when they were 15-year-old neighbors in wealthy Greenwich.The judge said Skakel cannot be released immediately while he awaits a new trial, but he did lift a stay, which could clear the way for Skakel to seek bail later. less

Michael Skakel, center, listens to Judge Thomas Bishop's ruling during a hearing in Rockville Superior court Wednesday, Nov. 6, 2013, in Vernon, Conn., to determine if he can be released while awaiting a new ... more

Photo: Fred Beckham, (AP Photo/Fred Beckham, Pool)

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Assistant State's Attorney Susann Gill makes an argument during a hearing for Michael Skakel in Rockville Superior court Wednesday, Nov. 6, 2013, in Vernon, Conn., to determine if he can be released while awaiting a new trial in the 1975 slaying of neighbor Martha Moxley. Judge Thomas Bishop ordered a new trial for Skakel last month, saying his trial attorney, Michael Sherman, failed to adequately represent him in 2002 when Skakel was found guilty of bludgeoning Moxley with a golf club when they were 15-year-old neighbors in wealthy Greenwich. less

Assistant State's Attorney Susann Gill makes an argument during a hearing for Michael Skakel in Rockville Superior court Wednesday, Nov. 6, 2013, in Vernon, Conn., to determine if he can be released while ... more

Photo: Fred Beckham, (AP Photo/Fred Beckham, Pool)

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Judge Thomas Bishop gives his ruling during a hearing for Michael Skakel in Rockville Superior court Wednesday, Nov. 6, 2013, in Vernon, Conn., to determine if he can be released while awaiting a new trial in the 1975 slaying of neighbor Martha Moxley. Bishop ordered a new trial for Skakel last month, saying his trial attorney, Michael Sherman, failed to adequately represent him in 2002. The judge said Skakel cannot be released immediately while he awaits a new trial, but he did lift a stay, which could clear the way for Skakel to seek bail later. less

Judge Thomas Bishop gives his ruling during a hearing for Michael Skakel in Rockville Superior court Wednesday, Nov. 6, 2013, in Vernon, Conn., to determine if he can be released while awaiting a new trial in ... more

Photo: Fred Beckham, (AP Photo/Fred Beckham, Pool)

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Michael Skakel, right, reacts with his attorney Jessica Santos during a hearing in Rockville Superior court Wednesday, Nov. 6, 2013, in Vernon, Conn., to determine if he can be released while awaiting a new trial in the 1975 slaying of neighbor Martha Moxley. Judge Thomas Bishop ordered a new trial for Skakel last month, saying his trial attorney, Michael Sherman, failed to adequately represent him in 2002 when Skakel was found guilty. The judge said Skakel cannot be released immediately while he awaits a new trial, but he did lift a stay, which could clear the way for Skakel to seek bail later. less

Michael Skakel, right, reacts with his attorney Jessica Santos during a hearing in Rockville Superior court Wednesday, Nov. 6, 2013, in Vernon, Conn., to determine if he can be released while awaiting a new ... more

Photo: Fred Beckham, AP Photo/Fred Beckham, Pool

Image 10 of 10

Michael Skakel, right, reacts with his attorney Jessica Santos during a hearing in Rockville Superior court Wednesday, Nov. 6, 2013, in Vernon, Conn., to determine if he can be released while awaiting a new trial in the 1975 slaying of neighbor Martha Moxley. Judge Thomas Bishop ordered a new trial for Skakel last month, saying his trial attorney, Michael Sherman, failed to adequately represent him in 2002 when Skakel was found guilty. The judge said Skakel cannot be released immediately while he awaits a new trial, but he did lift a stay, which could clear the way for Skakel to seek bail later. less

Michael Skakel, right, reacts with his attorney Jessica Santos during a hearing in Rockville Superior court Wednesday, Nov. 6, 2013, in Vernon, Conn., to determine if he can be released while awaiting a new ... more

The judge's decision allows Skakel to seek bail in Stamford-Norwalk Superior Court. Under court rules, the prosecution has 10 days to challenge Bishop's ruling on grounds that he abused his authority.

Deputy Chief State's Attorney Leonard Boyle said no decision on the appeal has been made yet. As a result, Skakel will remain behind bars for the time being.

Skakel appeared in court ruddy-faced and wearing a gray suit and white shirt opened at the collar. He only spoke when the judge asked him if he was willing to waive his speedy-trial rights.

Under state law, a defendant has the right to be tried within a year of the charges being lodged. Bishop said he would only lift the stay if Skakel waived that right.

The judge questioned him under oath and asked if Skakel had sufficient time to discuss this with his lawyers, Hubert Santos and his daughter, Jessica.

"I have," Skakel replied.

The judge did a quick calculation and cited eight cases in which an appeal of a habeas ruling like the one here took an average of four years before a higher court rendered a decision.

Bishop then determined it would not be in the public's interest to keep Skakel, who has spent 11 years behind bars, incarcerated further.

Based on his previous finding that Skakel was not given effective assistance by his defense lawyer, Bishop determined that the likelihood of the prosecution being successful on that appeal was slim.

"This was not a close case for this court," the judge said. "My sense is it will not be a very strong appeal."

The state is also appealing Bishop's ruling that overturned Skakel's conviction on the grounds that he had ineffective assistance of his defense lawyer, Michael "Mickey" Sherman, during the 2002 murder trial.

Skakel, 53, has been incarcerated since 2002. He is serving 20 years to life in prison after being accused of beating Moxley to death with a golf club in their Belle Haven neighborhood the night before Halloween. Both were 15 at the time.

Denied parole last fall, Skakel sued the state Department of Correction for unlawful imprisonment. He blamed his 2002 conviction on Sherman, petitioning for a new trial on the grounds that his lawyer was so distracted by fame and back taxes he owed the government that he left many stones unturned.

Bishop sided with Skakel in a 136-page ruling Oct. 23, the timing of which has been difficult for Moxley's mother, Dorthy.

"(Wednesday) is the anniversary," Moxley said from her home in Summit, N.J. "It just makes it hurt all the more."

Characterizing Skakel as representing a low risk of flight who is not a threat to the Moxley family, lawyers for the Kennedy kin contend that bond should be no greater than $500,000 for their client.

Bishop also stated concern for the Moxley family, noting that they have lived through this situation since 1978.

"But the proceedings will go on whether I lift the stay or not," he said.

By lifting the stay and overturning the conviction, Bishop has made Skakel just a man accused of murder. If state prosecutors do not challenge the lifting, or convince a higher court that Bishop abused his authority, Skakel's case will be returned to Stamford-Norwalk Superior Court. There, Santos can ask a judge to set bail.

She maintained that until a decision is rendered by a higher court on the state's appeal of Bishop's ruling that Skakel did not receive effective assistance by his lawyer, the defendant is still a convicted murderer. State law prohibits any bond for a convicted murderer.